FY2016 Enforcement Actions for the Lead Renovation, Repair and Painting Rule (RRP)

EPA completed over 100 federal enforcement actions during fiscal year 2016 that require renovation contractors, landlords and others to protect communities and public health from exposure to lead. Lead paint is the main way people are exposed to lead in the United States, and lead exposure can cause a range of health problems, from behavioral disorders and learning disabilities to seizures and death, putting young children and their developing nervous systems at the greatest risk.

From October 2015 through September 2016, EPA entered into 123 settlements for alleged violations of one or more of the three lead-based paint rules--the Renovation, Repair and Painting Rule, the Lead Disclosure Rule, and the Lead-based Paint Activities Rule for abatements--and filed six complaints for ongoing actions. Each settlement requires that the alleged violator return to compliance and, in most cases, pay civil penalties.

The three rules are part of the federal Toxic Substances Control Act and the Residential Lead-Based Paint Hazard Reduction Act and apply to housing built before 1978 and child-occupied facilities. Ensuring compliance with all three rules enables EPA to identify and address a variety of lead exposure risks that occur in communities across the nation.

Settlements in Excess of $300,000
Settlements in Excess of $60,000
Settlements in Excess of $40,000
Settlements of $30,000 or More
Settlements of $15,000 or More
Settlements of $10,000 or More
Settlements of Less Than $10,000
Expedited Settlement Agreements
Complaints

Settlements in Excess of $300,000 in Civil Penalties and/or Supplemental Environmental Projects

Sears Home Improvement Products, Inc. has agreed to settle alleged RRP Rule violations related to work performed by Sears’s contractors, by paying a $400,000 penalty and adopting enhanced compliance measures company-wide under a proposed Consent Decree, which is subject to judicial approval.

Dennis Hardesty (IL) committed to perform a $308,000 lead abatement project and pay a $5,000 cash penalty to settle alleged Lead Disclosure Rule infractions. This case was a joint enforcement action by EPA and the U.S. Department of Housing and Urban Development, prosecuted by the U.S. Department of Justice.

Settlements in Excess of $60,000 in Civil Penalties and/or Supplemental Environmental Projects

Carrington Real Estate Services, LLC and Carrington Mortgage Services, LLC (CA) agreed to spend at least $59,929 to donate blood-lead test equipment to non-profit community health clinics, and pay a $19,976 penalty to settle alleged Lead Disclosure Rule infractions.
Hammer and Hand, Inc. (OR) paid a $69,398 penalty for alleged RRP Rule work practice and recordkeeping violations.

Settlements in Excess of $40,000 in Civil Penalties and/or Supplemental Environmental Projects

Clearview Home Improvements (CA) paid a $58,450 fine for alleged noncompliance with RRP Rule requirements for certification, pre-renovation education, firm responsibility, and recordkeeping.
Zidan Management Group, Inc. (IN) agreed to perform an abatement project valued at up to $41,500 and paid a $3,675 fine to settle alleged violation of RRP Rule work practice and certification requirements.

Settlements of $30,000 or More in Civil Penalties

THD At-Home Services, Inc. (GA), a subsidiary of The Home Depot, settled with a $37,065 penalty for alleged RRP Rule work practice noncompliance.
GBC Kitchen & Bath, LLC (VA) paid a $36,862 penalty for alleged RRP Rule certification, recordkeeping and pre-renovation education violations.

Settlements of $15,000 or More in Civil Penalties

GD Friend, Inc. d/b/a Everlast Home Energy Solutions (CA) paid a fine of $28,560 for alleged non-compliance with RRP Rule requirements for certification, pre-renovation education, firm responsibility, and recordkeeping.
James Williamson d/b/a Golden Triangle Builders (PA) paid a $21,560 fine for alleged RRP Rule infractions of obligations for work practices, certification, pre-renovation education, and recordkeeping.
Calspec Enterprises, Inc. (CA) settled with a $21,210 fine for alleged infractions of RRP Rule obligations for pre-renovation education, firm responsibility, and recordkeeping.
Lead Me Out Environmental Services, Inc. (NY) paid a penalty of $20,000 for alleged abatement violations.
Mangold Property Management, Inc. (CA) settled alleged Lead Disclosure Rule violations with a penalty of $19,740.
Altman Charter Co. (MO) paid a $15,526 fine for alleged RRP Rule violations related to certification, pre-renovation education, and recordkeeping requirements.

Settlements of $10,000 or More in Civil Penalties

Crestwood Building Associates, Inc. (MO) paid a fine of $12,698 for alleged RRP Rule work practice and certification violations.
L&S Construction, Inc. (CO) paid $12,000 in penalties for alleged violations of the RRP Rule work practice standard.
Garcia Development Corp. (MO) paid a $11,550 penalty for alleged certification and recordkeeping violations of the RRP Rule.
Ella Real Property Holdings, LLC (MO) paid a penalty of $11,200 for alleged Lead Disclosure Rule non-compliance.
Princeton Design Guild, d/b/a PDG (NY) paid a $10,000 fine for alleged non-compliance with RRP Rule work practice and certification obligations.

Settlements of Less Than $10,000 in Civil Penalties

In each of the following settlements, the company paid a fine less than $10,000 which generally reflects a reduction based on ability to pay, or qualification as a micro-business under the RRP Rule penalty program for micro-businesses. Every case obtained compliance. All are RRP Rule settlements, except two.

Expedited Settlement Agreements

EPA entered into Expedited Settlement Agreements for alleged RRP Rule violations with the companies listed below. These agreements allow violators to quickly resolve certain minor infractions (not including work practice violations) with a reduced penalty, typically $2,000 or less.

Complaints

EPA also filed civil Complaints against the following entities for alleged violations of the RRP Rule and/or the Lead Disclosure Rule, and the proposed penalties range up to $197,743 each, respectively:

Environmental Compliance Specialists, Inc. (NH) - RRP Rule
Brady Sullivan (NH) - RRP Rule and Lead Disclosure Rule
Pike International, et al. (CT) - RRP Rule and Lead Disclosure Rule
Limoge Properties and Limoge Properties, LLC (VT) - Lead Disclosure Rule
Dean C. Bennett d/b/a Affordable Tuckpointing (MO) – RRP Rule
Superior Restoration & Construction, LLC (KS) – RRP Rule

EPA also filed a Complaint against Sears Home Improvement Products, Inc. when lodging the proposed Consent Decree (above) to resolve alleged RRP Rule violations.

More information about the lead-based paint regulations is available at www.epa.gov/lead.